505 KAR 2:120. Rules and discipline.

 

      RELATES TO: KRS 15A.210-15A.240

      STATUTORY AUTHORITY: KRS 15A.210

      NECESSITY, FUNCTION, AND CONFORMITY:

KRS 15A.210 mandates that the Department of Juvenile Justice issue administrative

regulations governing juvenile detention centers and juvenile holding

facilities.

 

      Section 1. (1) All requirements in

this administrative regulation shall be applied with consideration for the

range of ages and maturity found in a juvenile detention facility in

consideration of the juveniles' social-emotional ages, which may vary more than

their physical ages.

      (2) The facility shall adopt written

rules of juvenile conduct which specify acts prohibited within the institution

and penalties that may be imposed for various degrees of violation. The written

rules shall be reviewed annually and updated if necessary. The use of tobacco

products by juveniles shall be prohibited.

      (3) A rulebook that contains all

chargeable offenses, ranges of penalties and disciplinary procedures shall be

posted in a conspicuous and accessible area; a copy shall be made available to

each juvenile and staff member, and shall be translated into those languages

spoken by significant numbers of juveniles. When a literacy or language problem

prevents a juvenile from understanding the rulebook, a staff member or

translator shall assist the juvenile in understanding the rules.

      (4) All personnel who deal with

juveniles shall receive in-service training so that they shall be thoroughly

familiar with the rules of juvenile conduct, the sanctions available, and the

rationale for the rules.

      (5) There shall be written guidelines

for informally resolving minor juvenile misbehavior.

      (6) The facility shall adopt and

enforce written policies and procedures which:

      (a) Specify that room restriction for

minor misbehavior serves only a "cooling off" purpose, shall be short

in time duration, with the time period - fifteen (15) minutes to sixty (60)

minutes - specified at the time of assignment;

      (b) Require that prior to room restriction,

juveniles have the reasons for the restriction explained to them and have an

opportunity to explain the behavior leading to the restriction;

      (c) Require that employees prepare an

incident report where they have a reasonable belief that a juvenile has

committed a major violation of facility rules or reportable minor violations.

Incident reports prepared by staff members shall include, but are not limited

to, the following information:

      1. Specific rules violated;

      2. A formal statement of the event;

      3. An explanation of the event, which

should include who was involved, what transpired, and the time and location of

occurrence;

      4. Unusual juvenile behavior;

      5. Staff witnesses;

      6. Disposition of any physical

evidence;

      7. Any immediate action taken, including

the use of force;

      8. Reporting staff member's

signature; and

      9. Date and time report is made.

      (d) Specify that juveniles placed in

confinement status shall be afforded living conditions and privileges

approximating those to the general juvenile population. Exceptions shall be

justified by substantial evidence;

      (e) Provide that the incident report

shall be removed from all files of juveniles found not guilty of an alleged

rule violation;

      (f) Each facility shall develop a

procedure to ensure the youth’s due process for appealing disciplinary

procedures.

      (g) Ensure that prior to privilege

suspension the juvenile has the reasons for the restriction explained to him,

and has an opportunity to explain the behavior leading to the suspension; and

      (h) Provide that in instances in

which a juvenile is alleged to have committed a crime, the case is referred to

appropriate law enforcement officials for possible prosecution.

      (7) During room restriction staff

shall visibly check the juvenile at least every fifteen (15) minutes, depending

on his emotional state.

      (8) When a juvenile has been charged

with a major rule violation requiring confinement status for the safety of the

juvenile or other juveniles, or to ensure the security of the facility, the

youth may be confined for a period of up to twenty-four (24) hours. Confinement

status for periods of over twenty-four (24) hours shall be reviewed every

twenty-four (24) hours by the administrator or his designee who was not

involved in the incident.

      (9) Whenever juveniles are removed

from the regular program, they shall be seen by a designated staff member,

other than the staff member involved in the removal decision, as soon as

possible, but not more than twenty-four (24) hours after removal.

      (10) Juveniles held in confinement

status shall be interviewed at least once each day by personnel from

administrative, clinical, social work, religious or medical units.

      (11) A log shall be kept stating who

authorized the confinement status, persons visiting the juvenile, the person

authorizing release from confinement status, and the time of the release. (26

Ky.R. 1290; Am. 1551; eff. 2-14-2000.)